Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Sale consideration of Rs.19,900/- out of Rs.20,000/- paid 11 years earlier - In the absence of any account or document the same cannot be accepted - Signatures on sale deed were got in the garb of getting grants disbursed to patients suffering from disease of leprosy - Order of cancellation of sale..........
Co-sharers -- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive possession of any portion of the joint land, they could not deliver..........
Limitation Act, 1963, Article 134, Civil Procedure Code, 1908, Section 47, 12, Order 21, Rule 95 -- Limitation - Auction sale - Delivery of possession of property not asked within the statutory period of one year - Remedy of regular suit for declaration of title and recovery of possession is available subject to limitation...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Execution and registration of gift deed proved on record - First Appellate Court wrongly put onus on donee to prove intention of donor, as intention of donor to gift property is proved from reading of registered gift deed - Since donor acknowledged that donee serving him coupled with the fact that donor remained..........
Hindu Law -- Self acquired property of father - Sale of property by father - Suit for possession after death of father - Not maintainable...........
Suits Valuation Act, 1887 -- Ancestral property - Plaintiff failed to prove that property in question is ancestral property - It was self acquired property of father of plaintiff/defendant no.1 - Defendant no.1 has every right to alienate the suit land without showing any legal necessity - Moreover, suit was filed after expiry of three years from the date of registration..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger or third party - Stranger or third party is neither necessary party nor proper party in a suit for specific performance of a contract for sale of property, therefore, he cannot be added as a defendant in the suit...........
Land Acquisition Act, 1894, Section 23.J&K, Land Acquisition Act, 1894, Section 4(1) -- Acquisition of land - Compensation - Determination thereof - Sale of small piece of land - Cannot be ignored when same is supported by oral evidence...........
Specific Relief Act, 1963, Section 16, Transfer of Property Act, 1882, Section 53A -- Suit for specific performance - Subsequent purchaser - No evidence brought on record to show that subsequent purchaser had knowledge of previous sale - No evidence that first purchaser was ready and willing to perform the contract - First purchaser not entitled to protection of S.53A of..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Gift deed is void if executed by misrepresentation as to the very character of document...........
